Prose and the Con: millions at stake in lawsuit

Harriet Alexander

BY THE end of 2007, the atmosphere at the Conservatorium of Music was toxic.

Disgruntled staff and students, an erratic dean and her supporters, and an aloof university administration made an unedifying spectacle of Australia's oldest sandstone that was gaining international notoriety.

But the University of Sydney took no disciplinary action against the dean of the Con - the renowned bassoonist Kim Walker - despite ambiguous outcomes in three of four plagiarism allegations against her, and the recommendation of a retired judge that her employment should be terminated.

Five years on, an outline of the university's investigations into Professor Walker are contained in its defence against a multimillion dollar lawsuit she has brought in the Supreme Court. A preliminary hearing was held this week.

Professor Walker is suing for damage to her reputation and the loss of future earnings, stemming from the university's decision not to renew her contract in 2011. She claims that none of the plagiarism allegations was substantiated.

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The university has spent hundreds of thousands of dollars on inquiries and legal advice concerning Professor Walker, racking up an estimated $600,000 on legal fees alone since she brought proceedings in late 2011.

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According to its defence, in 2008 a report by the former Federal Court judge, Roger Gyles, QC, found that internal support for her had evaporated and made the principal recommendation that her employment should be terminated. The Gyles Report found that there was a bona fide lack of confidence in her by "a significant majority of responsible senior academic staff" and there was no action that could be taken to restore it, according to the defence.

It predicted if she were to remain as dean, regardless of the rights and wrongs of the situation, there would continue to be "active and passive staff resistance, continuing complaints to the administration, a hostile press, student unrest and the hemorrhaging of competent staff, and Professor Walker's internal and external supporters will also mobilise to put pressure on the university administration".

Mr Gyles said if the university chose not to sack her then it should take urgent steps to bolster her support, including moving on disaffected staff, with compensation if necessary.

It was the closest the university came to ending her employment, but it equivocated. The vice chancellor, Michael Spence, delayed a meeting of the university senate to discuss the report by a week so that Professor Walker could respond, after she threatened to obtain an injunction.

Professor Walker then obtained legal advice that the report did not set out an appropriate basis to terminate her employment. And when the senate considered the report in December 2008, it resolved not to terminate Professor Walker's appointment, but to arrange a formal mediation.

In the best interests ... if we maintain a dignified silence.

The university's defence provides an insight into the way it handled the affair and indicates the extent of the pressure that was brought to bear on it to end her employment sooner.

Professor Walker urged the university to issue a public statement expressing its support for her as dean. But the media manager, Andrew Potter, told the vice chancellor that responding to media reports would "give more oxygen to the story".

Dr Spence then told Professor Walker "it was in the best interests of all of us, including staff and students, if we maintain a dignified silence … That might be tough".

The defence also asserts that in three of the four plagiarism allegations, the outcomes of its investigations were ambiguous.

It denies a claim by Professor Walker that only one allegation was made out, for which she was not responsible, and says it relies on the full terms of the report.

In relation to two other plagiarism claims, which concern a lecture series at the Art Gallery of NSW, the university says a senior academic found evidence of "multiple phrases and sentences being copied verbatim or modified slightly" and referred the matter to a delegated officer of investigations. The officer recommended no action be taken.

Professor Walker claims she was cleared of each allegation, and the university failed to deal with complaints reasonably.